Lee v. Bandimere
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; B. H. Dudley, Judge; Promptly after the dismissal of this cause in the circuit court for the first time, 'appellants duly prosecuted their appeal to this court and when it was dismissed caused the mandate to he filed in the circuit court and move for a judgment against appellee and his sureties. This was in apt time.
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Appeal from Craighead Circuit Court, Jonesboro District; B. H. Dudley, Judge; Promptly after the dismissal of this cause in the circuit court for the first time, 'appellants duly prosecuted their appeal to this court and when it was dismissed caused the mandate to he filed in the circuit court and move for a judgment against appellee and his sureties. This was in apt time. Art. 7, § 11, Const.; Kirby’s Digest, § § 1319, 6871. Appellant clearly had the right to a judgment against appellee for either the property or its value, which was unlawfully taken from them. Appellee therefore, after the…
1Opinion of the CourtHumphries, J.
On the 26th day of December, 1916, appellee brought a replevin suit against appellants, W. D. and Oscar Lee, in the Jonesboro District of Craig-head County, to recover the possession of a growing crop on the southwest quarter, and southwest quarter of the southeast quarter,' section 24, township 14 north, range 1 east, in said county, alleging ownership in himself, and that the Lees were in the unlawful possession thereof. Appellee filed a bond, procured an order of delivery, and, under "said order, received the proceeds of the crop.
The Lees answered admitting possession, but denying the…
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